What should be next line of action of husband
He has to proceed with his case concentrating on his own pleading seeking relief.
Is it not that when both are admitting that marriage is not consummated then can court nullify the marriage on its own
If the petitioner is seeking dissolution of marriage, then the court cannot nullify the marriage.
Mere admission of the allegation that the marriage was not consummated cannot authorise to court to grant a different releif which was not sought by the parties to the case.
Since this is a contested divorce case, the court will hear both the sides and then decide the case on the basis of merits on either side as per law.
The wife now moved an application to conduct impotency test on husband ,though its husband petition for divorce on ground of cruelty n desertion and the issues were framed on these grounds.
She can very well move any petition for this because it is her right to defend her interests, however the husband has rights to deny to undergo such tests, if he feels that it would be embarrassing him.
This is part of trial proceedings hence you cannot claim that the case has to be proceeded in the manner and desire you may choose, law is common for all.
Can the wife file for impotency test to be conducted without moving an application for annulment owing to husbands impotency when she is respondent in the divorce petition filed by husband on the ground of cruelty and desertion .
Yes, she can very well file any such application, filing a petition seeking annulment of marriage is not a criteria or a rule or a provision of law for this.
It is her own right to protect and defend her interests.
Will the husband has to go through harassment of going thru an impotency test.
What should the husband do know.
The husband can refuse to undergo any such tests saying that he never asked for annulment of marriage on the grounds of non-consummation of marriage owing to her impotency, the non-consummation of marriage is another form cruelty, hence the chief divorce grounds are cruelty and desertion, moreover court cannot force him to undergo such tests against his willingness..